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The Get: Jewish Divorce - Orthodox Perspective

According to Jewish Law a women can be set free of marriage under two conditions; either when her husband dies or via divorce which her husband must grant her.

In both circumstances, for the woman to be granted official freedom to remarry, certain requirements must be met. In the case of widowhood, the husband’s demise must be verifiable. Assumption of death is not sufficient. While in the case of divorce, it must be granted by the husband of his own free will.
According to Biblical Law a man can divorce his wife simply by handing her a written bill of divorce and sending her away.

Talmudic sages have interpreted and elaborated on this biblical law and qualified certain requirements to insure validity and adherence.

When a man takes a wife and marries her, if she finds no favor in his eyes because of ervat davar (some fault or indecency) and he writes her a bill of divorce and puts it in her hand and sends her out of his house.” (Deuteronomy 24:1)

Based on this biblical passage, Talmudic sages have set specific formal requirements for the Get to be valid
 •  The Get must be written. A sofer or religious scribe writes the Get in an accepted format.
 •  The Get can only be written with the explicit approval of the husband. The husband must not be coerced in any way to give the Get.
 •  Specifics like name of husband and the wife he is divorcing are to be included at the time of the writing of the Get. No blanks can be left over to be filled later, such as date (in fact the document can not be predated) or names of the participants.
 •  The document to be used for the Get must be clean, with no erasures allowed or possible, and it can not be attached to the ground (like a leaf).
 •  The wife must physically accept the Get.

The text simply reads: “You are hereby permitted to all men," This signifies that the wife is no longer a married woman, and therefore the laws of adultery are no longer applicable.

Though the woman is free to marry as soon as she receives the Get, she may not remarry before the expiration of ninety days from when the Bill of Divorce was issued to her. The reason for the delay is so that it would be possible to ascertain if the woman was pregnant and thus establish the paternity of the child. The rabbis required the woman to wait this period of time even if there was absolutely no suspicion of pregnancy in order to maintain uniformity in the law. If the woman is visibly pregnant when she receives her Get, she must wait until 24 months after the birth of her child. However, if the child dies she is allowed to remarry immediately.

 •  Jewish Divorce: The Get (Gett) Text in Hebrew and English
 •  Resources and Information for Obtaining Jewish Divorce (Get)

 •  Jewish Divorce: Orthodox Perspective
    –  The Get Procedure: Obtaining a Jewish Divorce
    –  Marital Assets and Alimony
    –  Custody and Child Support
    –  Agunah Issues
    –  Getting a "Get."  The last resort. by Daniel Hadar

 •  Jewish Divorce: Conservative Perspective
    –  The Get Procedure: Obtaining a Jewish Divorce
    –  Marital Assets and Alimony
    –  Custody and Child Support
    –  Agunah Issues

 •  Jewish Divorce: Reform Perspective
    –  Is a Get Necessary: by Rabbi Jeff Goldwasser


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